Rule 37.03(1) of the Tennessee Rules of Civil Procedure is the rule that provides for sanctions for the failure to provide complete answers to interrogatories and other discovery. Here is the text of the rule: A party who without substantial justification fails to supplement or amend responses to discovery…
One of the battles in the preparation of scheduling orders is the deadlines for disclosure of expert witnesses. The defense always wants the plaintiff to go first, and wants an additional 30 or 60 or even 90 days to disclose its experts. Sometimes, the defense wants to depose the plaintiff’s experts before…
What is your opponent going to do to prepare for your expert’s deposition? This article, "The Opponent’s Expert: Preparing for the Most Important Deposition in the Case," 59 Fed’n Def. & Corp. Couns. Q.145 (2008), answers that question.
The Court of Appeals for the Sixth Circuit has issued an opinion upholding the admissibility of an medical doctor’s opinion on causation based on application of traditional differential diagnosis theory. In Best v. Lowe’s Home Centers, Inc., (No. 08-5924) , _ F.3d _ (6th Cir. April 16, 2009) the court reversed…
The Tennessee Supreme Court has issued another opinion about expert testimony, this one concerning the ability of a family practice doctor to testify about a criminal defendant’s ability to form the required mental state to commit a crime. The Court ruled that the expert was qualified to give such an…
The Tennessee Supreme Court has just released an opinion reversing the ruling of a trial judge who excluded the testimony of a sleep expert in a criminal case. The defendant alleged that he did not have the criminal intent to commit sexual acts with his stepdaughter because he was asleep…
The Oregon Supreme Court has released a fascinating opinion on expert testimony. The Court stated that the Plaintiff experienced symptoms of pain, swelling, and discoloration in her left hand immediately after injection of a chemical called gadolinium; her pain and the discoloration have continued. At trial, plaintiff proffered the testimony…
The Paces, through their lawyer, hired Dr. Swerdlow to testify in a wrongful death case they filed on behalf of their daughter. Allegedly, Dr. Swerdlow changed his testimony on the eve of trial and caused the court to dismiss their case. The Paces sued their former expert, alleging that he…
The Federation of Defense and Corporate Counsel has a magazine called the FDCC Quarterly. There are some good articles in the publication, and I think many of you would enjoy an article in the Spring 2007 magazine called "Scientific and Other Expert Testimony: Understand It; Keep It Out; Get It…
The Tennessee Supreme Court has a reversed its previous position and determined that it will permit juries to hear evidence from qualified experts on the reliability of eyewitness identification. The Court had ruled that such testimony was not admissible in 2000. Now, in State v. Copeland, the Court has reached…